1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. PEOPLE OF THE STATE OF ILLINOIS,
      3. Complainant,
      4. Respondent.
      5. PCB 08-87
      6. (Enforcement - Water)
      7. NOTICE OF FILING
      8. THIS FILING IS SUBMITTED ON RECYCLED PAPER
      9. SERVICE LIST
      10. CERTIFICATE OF SERVICE
      11. REMEDY
      12. Impact on the Public Resulting from Respondent's Alleged Non-Compliance
      13. Count I
      14. Count II
      15. Count III
      16. Total
      17. Consideration of Section 42(H) Factors

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
STEVE SODERBERG
d/b/a
STEVE'S
CONCRETE AND EXCAVATING,
Respondent.
,
)
)
)
)
)
)
)
)
)
)
)
)
)
\
PCB 08-87
(Enforcement - Water)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on October 27, 2008, the People
of the State of Illinois
filed with the Illinois Pollution Control Board its Motion To Deem Facts Admitted And For
Summary Judgment As To Respondent Steven Soderberg d/b/a Steve's Concrete And
Excavating, a true and correct copy
of which is attached and hereby served upon you.
Respectfully submitted,
BY:
LISA MADIGAN
Attorney General
State
of Illinois
~~~lOn.soUc'Jill~~':1
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-6986
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, October 27, 2008

SERVICE LIST
Mr. STEVE SODERBERG d/b/a
STEVE'S CONCRETE AND EXCAVATING
222
18
th
Avenue
Rockford, Illinois 61104
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100
W. Randolph Street
Chicago, Illinois 60601
Ms. Joey Logan-Wilkey, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, IL 62702
Electronic Filing - Received, Clerk's Office, October 27, 2008

CERTIFICATE OF SERVICE
I, George D. Theophilos, an Assistant Attorney General, certify that on the
2i
h
day of
October, 2008, I caused to be served by First Class Mail the foregoing Motion To Deem Facts
Admitted And For Summary Judgment As To Respondent Steven Soderberg d/b/a Steve's
Concrete And Excavating to the parties named on the attached service list, by depositing same in
postage prepaid envelopes with the United States Postal Service located at 100 West Randolph
Street, Chicago, Illinois 60601.
Electronic Filing - Received, Clerk's Office, October 27, 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN Attorney General
)
of the State of Illinois
)
)
Complainant,
)
)
v.
)
)
STEVE
SODERBERG d/b/a STEVE'S
)
CONCRETE AND EXCAVATING
)
)
Respondent.
)
PCB No. 08-87
(Enforcement- Water)
MOTION TO DEEM FACTS ADMITTED AND FOR SUMMARY JUDGMENT
AS TO RESPONDENT STEVE SODERBERG d/b/a STEVE'SCONCRETE AND
EXCAVATING
Now comes the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General
of the State of Illinois, pursuant to Sections 103.204 and 101.516
of the Illinois Pollution Control Board's Procedural Rules, 35 Ill. Adm. Code 103.204 and
101.516, and hereby moves for the entry
of an order deeming all material facts in Complainant's
Complaint as admitted against Respondent
STEVE SODERBERG d/b/a STEVE'S CONCRETE
AND EXCAVATING as to Counts I through IV of the Complaint. Further, Complainant moves
this Illinois Pollution Control Board ("Board") for summary
judgment as to Counts I through IV
of the Complaint against Respondent STEVE SODERBERG d/b/a STEVE'S CONCRETE. In
support thereof, Complainant states as follows:
1.
On May 7, 2008, the Complainant filed its Complaint against Respondent,
STEVE SODERBERG d/b/a STEVE'S CONCRETE ("Soderberg") individually for alleged
violations that originated from a spill at 2239 Charles Street, Rockford, Winnebago County,
Illinois ("Site"). Complainant alleged violations
of Sections 12(a), 12(d), and 12(f) of the Illinois
Environmental Protection Act ("Act"), 415 ILCS 5/12(a), 12(d), 12(f) (2008). Complainant
Electronic Filing - Received, Clerk's Office, October 27, 2008

further alleged violations of Section 309.102(a) and 302.203 of the Board's water pollution
regulations,
35 Ill. Adm. Code 309.l02(a), 302.203. Specifically, the Complaint alleged that the
Defendant caused
of tended to cause water pollution, created a water pollution hazard,
discharged without a National Pollutant Discharge Elimination System (NPDES) permit, and
created offensive condition.
2.
The Proof of Service indicated that Soderberg had been served with the
Complaint on July 16, 2008. (Exhibit
1, hereto) Further, Respondent Soderberg participated in
telephonic status conferences with Hearing Officer Bradley
P. Halloran and the Complainant on
July 24, 2008 and September 25, 2008
3.
On September 25, 2008, Hearing Officer Bradley P. Halloran stated in his order
that all parties participated in a telephonic status conference and noted to Respondent, Soderberg
that an answer was required by September 19, 2008 and neither the Board nor the Complainant
had received Respondent's answer. (Exhibit 2)
4.
As of the date of the filing of this Motion, Soderberg has not filed an Answer, nor
otherwise pled,
to the Complaint.
5.
Section 103.204(d) and (e) of the Board'sProcedural Rules, 35 Ill. Adm. Code
103.204(d) and (e), provides as follows:
(d)
Except
as provided in subsection (e) of this Section, the respondent may
file an answer within 60 days after receipt
of the complaint if respondent
wants to deny any allegations in the complaint. All material allegations
of
the complaint will be taken as admitted if no answer is filed or if not
specifically denied by the answer, unless respondent asserts a lack
of
knowledge sufficient to form a belief. Any facts constituting an
affirmative defense must be plainly set forth before hearing in the answer
or in a supplemental answer, unless the affirmative defense could not have
been known before hearing.
(e)
If the respondent timely files a motion under Section 103.212(b) or 35 Ill.
Adm. Code 101.506, the 60-day period to file an answer described in
2
Electronic Filing - Received, Clerk's Office, October 27, 2008

(e)
If the respondent timely files a motion under Section 103.212(b) or
35 Ill. Adm. Code 101.506, the 60-day period to file an answer
described in subsection (d)
of this Section will be stayed. The stay
will begin when the motion is filed and end when the Board
disposes
of the motion.
6.
By failing to answer the Complaint on or before September 19, 2008, and by
failing
to file a motion staying the 60-day period in which to file an Answer as required by
Section 103.204(d) and (e)
of the Board's Procedural Rules, 35 Ill. Adm. Code 103.204(d) and
(e), Soderberg has admitted the material allegations asserted in the Complaint.
7.
Complainant therefore requests that the Board enter an order finding that pursuant
to Section 103.204(d) and (e),
35 Ill. Adm. Code 103.204(d) and (e), Soderberg has admitted all
material allegations asserted in the Complaint.
8.
Complainant's Complaint sufficiently states facts establishing the following
violations
of the Act and the Board Water Pollution Regulations against Soderberg:
Count
I:
Count II:
Count III:
Count
IV:
Water Pollution: Violation of Section 12(a) of the Act, 415 ILCS
5/12(a) (2006);
Water Pollution Hazard: Violation of Section 12(d) of the Act, 415
ILCS
5/12(d) (2006);
Discharging Without a Permit: Violation of Section 12(f) of the
Act, 415 ILCS
5/12(f)
(2006) and Section 309.102(a), 35 Ill. Adm.
Code 309.102(a);
Creating An Offensive Condition: Violation
of Section 302.203 of
the Board Water Pollution Regulation, 35 Ill. Adm. Code 302.203.
9.
Section 101.516(b) of the Board'sProcedural Regulations, 35 Ill. Adm. Code
101.516(b), provides as follows:
(b)
If the record, including pleadings, depositions and admissions on
file, together with any affidavits, shows that there is
no genuine
issue
of material fact, and that the moving party is entitled to
judgment as a matter of law, the Board will enter summary
judgment.
3
Electronic Filing - Received, Clerk's Office, October 27, 2008

10.
If the Board finds that Soderberg has admitted all material allegations in
Complainant's Complaint, than the record shows that there is no issue
of material fact remaining
for review. Therefore, pursuant to Section 101.516(b) of the Board's Procedural Regulations, 35
Ill. Adm. Code 101.516(b), Complainant is entitled to summary judgment in its favor as a matter
oflaw.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General
of the State of Illinois, respectfully request that that Board issue
an order in favor
of Complainant and against Respondent STEVE SODERBERG, d/b/a
STEVE'S CONCRETE AND EXCAVATION, as follows:
1.
Ordering all material allegations in the Complaint admitted against Respondent
Steve Soderberg;
2.
Finding that Respondent Steve Soderberg violated Sections 12(a), 12(d) and 12(f)
of the Act, 415 ILCS 5/12(a), 12(d), 12(f) (2006) and Sections 309.102(a) and 302.203 of the
Board Water Pollution Regulations,
35 Ill. Adm. Code 309.102(a), 302.203;
3.
Granting summary judgment in favor of Complainant and against Respondent
Steve Soderberg on Counts I through IV
of the Complaint; and
REMEDY
The May 15, 2008 Board Order in this cause provides, in pertinent part:
Accordingly, the Board further directs the hearing officer to advise the parties that
in summary
judgment motions and responses, at hearing, and in briefs, each party
should consider:
(1) proposing a remedy for a violation, if any (including whether
to impose a civil penalty), and supporting its position with facts and arguments
that address any or all
of the Section 33(c) factors; and (2) proposing a civil
penalty,
if any (including a specific total dollar amount and the portion of that
amount attributable
to the respondent's economic benefit, if any, from delayed
complaint), and supporting its position with facts and argument that address any
or all
of the Section 42(h) factors ...
4
Electronic Filing - Received, Clerk's Office, October 27, 2008

4.
Pursuant to the May 15, 2008 Board Order, Complainant is proposing a remedy
for Respondent's violations
of Sections 12(a), 12(d), and 12(f) of the Act, 415 ILCS 5/12(a),
12(d), 12(f) (2006), and Sections 103.204(a) and 302.203
of the Board Water Pollution
Regulations,
35 Ill. Adm. Code 103.204(a), 302.203.
Impact on the Public Resulting from Respondent's Alleged Non-Compliance
Section 33(c) of the Act, 415 ILCS 5/33(c) (2006), provides as follows:
In making its orders and determinations, the Board shall. take into
consideration all the facts and circumstances bearing upon the
reasonableness
of the emissions, discharges, or deposits involved
including, but not limited
to:
1.
the character and degree of injury to, or interference with the
protection
of the health, general welfare and physical property of
the people;
2.
the social and economic value of the pollution source;
3.
the suitability or unsuitability of the pollution source to the area in
which it is located, including the question
of priority of location in
the area
involve~;
4.
the technical practicability. and economic reasonableness of
reducing or eliminating the emissions, discharges or deposits
resulting from such pollution source; and
5.
any subsequent compliance.
In response to these factors, the Complainant states the following:
1.
The impact to the public resulting from Respondent's removal of an above ground
fuel
storag
y
tank was that diesel fuel spilled on to the ground, and into a culvert, then flowed into
Keith Creek and collected in the curves and vegetation
of the creek. Keith Creek flows by an
elementary school.
2.
Keith Creek, which is the site of the spill, has social value.
5
Electronic Filing - Received, Clerk's Office, October 27, 2008

3.
The creek is suitable to the area in which it is located.
4.
Preventing a diesel spill from the above ground tank was both technically
practicable and economically reasonable.
5.
Complainant states that the Site has been completed remediated.
A civil penalty should be assessed against Soderburg because
of the potentially severe
impact the exposure to diesel fuel has on human health and the environment.
Explanation of
Civil
Penalties Requested
Section 2(b) of the Act, 415 ILCS 5/2(b) (2006), provides:
It
is the purpose of this Act, as more specifically described in later
sections, to establish a unified, state-wide program supplemented by
private remedies,
to restore, protect and enhance the quality of the
environment,
and to assure that adverse effects upon the environment are
fully considered and borne by those who cause them.
(Emphasis added.)
The primary purpose
of civil penalties is to aid in the enforcement of the Act.
See People
v. McHenry Shores Water Co.,
295 Ill. App. 3d 628, 638 (2d Dist. 1998). Civil penalties should
reflect the severity
of the violation(s) of the Act.
Southern Illinois Asphalt Company, Inc.
v.
Pollution Control Board,
60 Ill. App. 2d 204, 208 (5th Dist. 1975). But the Act authorizes civil
penalties regardless
of whether violations resulted in actual pollution.
ESG Watts, Inc. v. Illinois
Pollution Control Board,
282 Ill. App. 3d
43,52 (4th Dist. 1996). Moreover, the award of a civil
penalty "serves the legislative purpose
of aiding enforcement of the Act, for through penalties
upon those who blatantly disregard applicable rules and regulations, others, who might consider
cutting comers at the expense
of the environment, are deterred."
Wasteland, Inc. v. Illinois
Pollution Control Board,
118 Ill. App. 3d 1041, 1055 (3d Dist. 1983) (subsequently cited by the
First District;
see e.g. Standard Scrap Metal
Co. v. Pollution Control Board,
142 Ill. App 3d 655,
665
(1 st Dist.1986)).
6
Electronic Filing - Received, Clerk's Office, October 27, 2008

Section 42 of the Act provides guidance for calculating civil penalties for violations of
the Act. The statutory maximums provided in the Act have been used as "a natural or logical
benchmark from which
to begin considering factors in aggravation and mitigation of the penalty
amounts."
Illinois EPA
v.
Allen BarlY. Individually and d/b/a Allen Barry Livestock,
PCB No.
88-71,
p. 72 (May 10, 1990).
Section 42(a) of the Act, 415 ILCS 5/42(a) (2006), provides in pertinent part, as follows:
a)
Except
as provided in this Section, any person that violates any
provision
of this Act or any regulation adopted by the Board, or
any permit or term or condition thereof, or that violates
any order
of the Board pursuant to this Act, shall be liable for a civil penalty.
of not to exceed $50,000 for the violation and an additional civil
penalty
of not to exceed $10,000 for each day during which the
violation continues;
If the Board finds that Respondent violated the statutory and regulatory provisions
alleged in Counts I through
N
of the Complaint, on May 12, 2006, the date when a diesel fuel
spill occurred in Keith Creek after Respondent, Soderberg, removed an above ground fuel
storage tank and continuing to at least May 22, 2006, the maximum statutory penalty that Section
42(a)
of the Act, 415 ILCS 5/42(a) (2006), authorizes for those violations is $570,000 including
the penalty for continuing violations
of $1 0,000 per day.
Penalties for violations
of the Act and the Board Air Pollution Regulations are calculated
according
to the formula contained in Section 42(a), 415 ILCS 5/42(a) (2006). The statutory
maximum is calculated as follows:
Count I
1 violation of Section 12(a)
1 violations continuing 10 days
7
$ 50,000
$ 100,000
Electronic Filing - Received, Clerk's Office, October 27, 2008

Count II
1 violation of Section 12(d)
1 violation continuing 10 days
Count III
1 violation of 12(f)
1 violation of309.102(a)
1 violation continuing
10 days
Count IV
1 violation of 302.203
1 violation continuing
10 days
Total
$ 50,000
$ 100,000
$ 10,000
$ 10,000
$ 100,000
$ 50,000
$ 100,000
$
570,000
Consideration
of Section 42(H) Factors
Section 42(h) of the Act, 415 ILCS 5/42(h) (2006), provides as follows:
In
determining the appropriate civil penalty to be imposed under ..., the
Board is authorized to consider any matters
of record in mitigation or
aggravation
of penalty, including but not limited to the following factors:
1.
the duration and gravity of the violation;
2.
the presence or absence of due diligence on the part of the
respondent in attempting
to comply with requirements of this Act
and regulations thereunder or to secure relief therefrom
as
provided by this Act;
3.
any economic benefits accrued by the respondent because of delay
in compliance with requirements, in which case the economic
benefits shall be determined by the lowest cost alternative for
achieving compliance;
4.
the amount of monetary penalty which will serve to deter further
violations by the respondent and to otherwise aid in enhancing
voluntary compliance with this Act by the violator and other
persons similarly subject
to the Act;
5.
the number, proximity in time, and gravity of previously
adjudicated violations
of this Act by the violator.
8
Electronic Filing - Received, Clerk's Office, October 27, 2008

6.
whether the respondent voluntarily self-disclosed, in accordance
with Subsection (i)
of this Section, the non-compliance to the
Agency; and
7.
whether the respondent has agreed to undertake a "supplemental
environmental project," which means an environmentally
beneficial project that a respondent agrees
to undertake in
settlement
of an enforcement action brought under this Act, but
which the respondent
is not otherwise legally required to perform.
In response to these factors, the Complainant states
as follows:
.
1.
The duration of the violations that are the subject of the Complaint are alleged by
Complainant to have occurred on May
12, 2006 through at least May 22,2006 and resulted in an
estimated amount
of approximately 10 gallons of diesel fuel to spill into Illinois waters and to
cause water pollution.
2.
Respondent failed to act diligently in this matter, as evidenced by his failure to
report the spill, failure to take any measures to prevent the spill from flowing into Keith Creek,
and only hiring a clean-up crew after he was notified
of the spill.
3.
Respondent accrued no economic benefit as a result of the violations.
4.
Complainant states that a maximum civil penalty payment of Twelve Thousand
Dollars ($12,000.00) will serve to deter further violations by Respondent and
to otherwise aid in
enhancing voluntary compliance with the Act and Board Regulations, Soderberg and other
persons similarly subject to the Act and Board Regulations.
5.
To Complainant's knowledge, Soderberg has had no previously adjudicated
violations.
6.
Soderberg did not voluntarily disclose the spill to the Illinois EPA.
7.
Soderberg has not offered to perform a supplemental environmental project.
9
Electronic Filing - Received, Clerk's Office, October 27, 2008

These aggravating and mitigating factors provide guidance to the Board in determining
the appropriate amount of a civil penalty in an environmental enforcement case. Accordingly,
the Complainant brings these factors to the Board's attention.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General of the State of Illinois, respectfully requests that the Board grant
its Motion to Deem Facts Admitted and for Summary Judgment against Respondent, STEVE
SODERBERG, d/b/a STEVE'S CONCRETE AND EXCAVATING, and award the relief
requested herein, and take such other action as the Board believes to be appropriate and just.
Respectfully submitted,
10
Electronic Filing - Received, Clerk's Office, October 27, 2008

EXHBIT 1
Electronic Filing - Received, Clerk's Office, October 27, 2008

Lisa Madigan
ATTORNEY GENERAL
OFFICE OF THE ATfORNEY GENERAL
STATE OF ILLINOIS
July 8,2008
Richard Meyers, Sheriff
Winnebago County
650
W. State St.
Rockford, Illinois 61102
ATTN: Legal Process
~
Re:
People of the State of Illinois v. Steve Soderberg d/b/a Steve's Concrete and Excavating
PCB 2008-087 / Winnebago County
Dear SheriffMeyers:
Enclosed please find a second copy of a Notice and Complaint with the Illinois Pollution
Control Board to be served
on:
Mr. Steve Soderberg
222
18
th
Ave
Rockford, Illinois
Please serve the enclosed this Notice and Complaint on the individual listed above. A self
addressed stamped envelope has been included.
Please
feel free to contact me if you have any questions. Thank you very much for your
assistance in this matter.
,-
VeryJry.:lY
you£,s~,/
./.r :.,A"
/~U'
/'/
,/-...-
I'
///~
}oy !lam',
P.araleg~l
II
.....
. EnvIronmental Bureau
Illinois Attorney General's Office
69 West Washington Street,
18
th
floor
Chicago, Illinois 60602
(312) 814-0669
500 South Second Street, Springfield, Illinois 62706 0 (217) 782-1090 0 TTY: (877) 844-5461 0 Fa;;: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
0
(312) 814-3000
0
TTY: (800) 964-3013
0
Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 0 (618) 529-6400 0 TTY: (877) 675-9339 0 Fax: (bI8) 529-6416
.~"
Electronic Filing - Received, Clerk's Office, October 27, 2008

PlEDlPlLlE 0 IF
THIE ST
A
TIE
0 IF lIJLlLlIN0
J[S,
Compllain:Ulllllt,
v.
STIEVIE SODIERBIERG d/b/a STIEVIE'S
CONCRETE AND EXCAVATING,
Respondent
)
)
)
)
)
)
)
)
)
)
)
)
)
(Enforcement - Water)
NOTlfCE OF FJIJLING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on May 7,2008, the People of the State of Illinois filed
with the Illinois Pollution Control Board a Complaint, a true and correct copy of which is
attached and hereby served upon you.
Failure to file an answer to this complaint within 60 days may have severe consequences.
Failure to answer will mean that all allegations in the complaint will be taken as if admitted for
purposes of this proceeding. If you have any questions about this procedure, you should contact
the hearing officer assigned to this proceeding, the Clerk's Office, or an attorney..
Respectfully submitted,
rnT
01..
LISA MADIGAN
Attorney General
State of Illinois
/.1'1'"
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II.
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"Geo;;;~~h~hfio~""'-Y{jbV~
Assistant Attorney General
Environmental Bureau
69 W. 'NashingtonSt., lEth nCGr
Chicago, Illinois 60602
(312) 814-6986
Electronic Filing - Received, Clerk's Office, October 27, 2008

SERViCE LIST
Ms. Joey Logan-Wilkey, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, IL 62702
Mr. STEVE SODERBERG d/b/a
STEVE'S CONCRETE AND EXCAVATING
1720 Charles Road
Rockford, Illinois 61104
Electronic Filing - Received, Clerk's Office, October 27, 2008

STATE OF ILUNOIS
)
)
County of Winnebago
)
88.
I have duly served the within upon the within named.
~U6
~~B~.e§
fv\
(
(sex)
(rSlce)
'-/5
by leaving a true copy thereof with
__--Itl
......
-.:.(_PVL~,--
__personally
(age)
(date)
o9pb
~/P.MD
(time)
Richard A. Mevers
~
)&-~~r/
,I
SHER1FF'S FEES:
Service
Mileage
Copies
Taking Bond
Total
SHERIFF
DEPUTY
Electronic Filing - Received, Clerk's Office, October 27, 2008

EXHBIT 2
Electronic Filing - Received, Clerk's Office, October 27, 2008

2
ILLINOIS
POLLUTION CONTROL BOARD
September 25,2008
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
v.
STEVE SODERBERG d/b/a STEVE'S
CONCRETE AND EXCAVATING,
Respondent.
)
)
)
)
)
PCB 08-87
)
(Enforcement - Water)
)
)
)
)
)
HEARING OFFICER ORDER
On September 25, 2008, all parties participated in a telephonic status conference
with the hearing officer.
It
is noted that respondent's answer was due to be filed on
September 19,2008. The respondent represented that it had mailed its answer to the
complainant
on September 16, or 17, 2008. To date, the Board or the complainant has
not yet received respondent's answer. The parties were directed to submit a proposed
discovery schedule to the hearing officer
on or before October 2, 2008.
The parties or their legal representatives are directed to appear at a telephonic
status conference
with the hearing officer on November 13, 2008, at 9:30 a.m. The
telephonic conference must be initiated by the complainant, but each party is nonetheless
responsible for its
own appearance. At the conference the parties- must be prepared to
discuss the status
of the above-captioned matter and their readiness for hearing.
IT IS SO ORDERED.
-
\
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control
Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
Electronic Filing - Received, Clerk's Office, October 27, 2008

2
CERTIFICATE OF SERVICE
It
is hereby certified that true copies of the foregoing order were mailed, first
class, on September
25,2008, to each of the persons on the attached service list.
It
is hereby certified that a true copy of the foregoing order was hand delivered to
the following on September 25,2008:
John T. Therriault
Illinois Pollution Control Board
James
R.
Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
~?\~,.-
\
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
Electronic Filing - Received, Clerk's Office, October 27, 2008

PCB 2008-087
George
D. Theophilos
Office
of the Attorney General
69 West Washington Street, Suite 1800
Chicago, IL 60602
PCB 2008-087
Steve Soderberg
Steve's Concrete and Excavating
1720 Chrles Road
Rockford, IL 61104
PCB 2008-087
Joey Logan-Wilkey
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Electronic Filing - Received, Clerk's Office, October 27, 2008

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